The tariff classification of dietary supplements from Canada

N299820 September 5, 2018 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9898 Mr. Joseph Walter Livingston International Professional Services, LLC 670 Young Street Tonawanda, NY 14150 RE: The tariff classification of dietary supplements from Canada Dear Mr. Walter: In your letter dated August 7, 2018, you requested a tariff classification ruling on behalf of your client, Immunotec Inc., Canada. Ingredients breakdowns, a manufacturing flowchart, and a product label accompanied your inquiry. Both products, “Xtra Sharp Original,” and “Xtra Sharp Fruit Flavor” are said to contain approximately 72 percent spring water, 10 percent glycerine, 5 percent potassium citrate monohydrate, 3 percent caramel color, 2 percent guarana, 1 percent calcium glycerophosphate, and trace amounts of spirulina, ginkgo biloba, ginseng, grape, damiana, milk thistle, chamomile, sarsaparilla, dandelion, gentian, licorice, horehound, seneca snakeroot, celery, angelica, passion flower, thyme, alfalfa, saw palmetto, parabens, magnesium glycerophosphate, methylparaben, potassium glycerophosphate, iron, propylparaben, iodine, natural fruit flavors, and potassium hydroxide. The products are imported for retail sale in plastic bottles containing 17 fluid ounces, net weight. The directions instruct the user to consume two tablespoons once a day. The applicable subheading for both products will be 2106.90.9898, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included . . . other . . . other . . . other . . . other . . . other . . . other. The general rate of duty will be 6.4 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at https://hts.usitc.gov/current. This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act) which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Bruce N. Hadley, Jr. at bruce.hadleyjr@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division